353 



than those specifically referred to m paragraphs (2) and 

 (31 above, as may be required by the National Environ- 

 mental Policy Act of 1969 (section 4321 et seq. of title 

 421 



(b) The Attorney General shall conduct the legal pro- 

 ceedings necessary to enforce the Act and permits Issued 

 pursuant to it. 



Sec. 3. Coordination by Council on EnviTonmental 

 Quality, (a) The Council on Environmental Quality shall 

 coordinate the regulations, policies, and procedures of 

 Federal agencies with respect to the Refuse Act permit 

 program. 



(bl The Council on Environmental Quality, after con- 



sultation with the Secretary, the Administrator, the 

 Secretary of the Interior, the Secretary of Commerce, the 

 Secretary of Agriculture, and the Attorney General, shall 

 from time to time or as directed by the President advise 

 the President respecting the implementation of the 

 Refuse Act permit program. Including recommendations 

 regarding any measures which should be taken to Im- 

 prove its administration. 



Sec 4. Definitions. As used in this order, the word 

 "Secretary" means the Secretary of the Army, and the 

 word "Administrator" means the Administrator of the 

 Environmental Protection Agency. 



RicHAHD Nixon. 



13. Executive Order 11602 — Administration of the Clean Air Act, With 

 Respect to Federal Contracts, Grants, or Loans 



30 Fed. Reg. 12475 



Ex. Ord. No. 11602. June 29, 1971, 38 P.B. 12476, 

 provided : 



By virtue of the authority vested in me by the provi- 

 sions of the Clean Air Act, M amended (42 U.S.C. 1867 

 et seq.), and particularly section 306 of that Act (this 

 section) CIS added by the Clean Air Amendments of 1970 

 (Public Law 91-604. approved December 31, 1970). it is 

 hereby ordered as follows: 



Section 1. Policy. It Is the policy of the Federal aovern- 

 ment to Improve and enhance environmental quality. In 

 furtherance of that policy, the program prescribed in this 

 Order is Instituted to assure that each Federal agency 

 empowered to enter Into contracts for the procurement of 

 goods, materials, or services and each Federal agency em- 

 powered to eirtend Federal a,sslstance by way of grant, 

 loan, or contract shall undertake such procurement amd 

 assistance activities in a manner that will result in effec- 

 tive enforcement of the Clean Air Act [this chapter) 

 (hereinafter referred to as "the Act"). 



Sec. 2. Designation of Facilities, (a) The Administrator 

 of the Environmental Protection Agency (hereinafter re- 

 ferred to as "the Administrator") shall be responsible for 

 the attainment of the purposes and objectives of this 

 Order. 



(b) In carrying out his responsibilities under tJils 

 Order, the Administrator shall, in conformity with all 

 applicable requirements of law, designate facilities which 

 have given rise to a conviction for an offense under sec- 

 tion 113(c)(1) of the Act (section 1867c-e(c) (1) of this 

 title). The Admlniatrator shall, from time to time, pub- 

 lish and circulate to all Federai agencies lists of those 

 facilities, together with the names and addresses of the 

 persons who have been convicted of such offenses. When- 

 ever the Administrator determines that the condition 

 which gave rise to a conviction has been corrected, he 

 shall promptly remove the facility and the name and 

 address of the person concerned from the list. 



Sec. 3. Contracts, Grants, or Loans, (a) Except as pro- 

 vided In section 8 of this Order, no Federal agency shall 

 enter into any contract for the procurement of goods, 

 materials, or services which is to be performed in whole or 

 In part in a facility then designated by the Administrator 

 pursuant to section 2. 



(b) Except as provided in section 8 of this Order, no 

 Federal agency authorized to extend Federal assistance 

 by way of grant, loan, or contract shall eirtend such assist- 

 ance In any case In which it is to be used to support any 

 activity or program involving the use of a facility then 

 designated by the Administrator pursuant to section 3. 



Sec. 4. Procurement, Grant, and Loan Regulations. The 

 Federal Procurement Regulations, the Armed Services 

 Procurement Regulations, and, to the extent necessary, 

 any supplemental or comparable regulations Issued by any 

 agency of the Executive Branch shall, following consulta- 

 tion with the Administrator, be amended to require, as a 



condition of entering into, renewing, or extending any 

 contract for the procurement of goods, materials, or serv- 

 ices or extending any assistance by way of grant, loan, or 

 contract. Inclusion of a provision requiring oomplianc* 

 with the Act [this chapter) and standards issued pursuant 

 thereto in the facilities in whi0h the contract is to be 

 performed, or which are involved in the activity or pro- 

 gram to receive assistance. 



Sic. 5. Rules and Regulations. The Admlnlstrstor shall 

 Issue such rules, regulations, standards, and guidelines as 

 he may deem necessary or appropriate to carry out the 

 purposes of this Order. 



Sec. 6. Cooperation and Assistance. Tb» head of each 

 Federal agency shall take sucOi steps as may be necessary 

 to Insure that all officers and employees of his agency 

 whose duties entail compliance or comparable functions 

 with respect to contract«, grants, and loans are familiar 

 with the provisions of this Order. In addition to any other 

 appropriate action, such officers and employees shall re- 

 port promptly any oondition In a facility which may In- 

 volve noncompliance with the Act [this chapter) or any 

 rules, regulations, standards, or guidelines Issued pursuant 

 to this Order to the head of the agency, who shall transmit 

 such report to the julmlnlstrator. 



Sec. 7. Enforcement. The Administrator may recom- 

 mend to the Department of Justice or other appropriate 

 agency that legal proceedings be brought or other appro- 

 priate action be taken whenever he becomes aware of a 

 breach of any provision required, under the amendments 

 Issued pursuant to section 4 of this Order, to be included 

 in a contract or other agreement. 



Sec 8. Exemptions — Reports to Congress, (a) Upon a 

 determination that the paramount interest of the United 

 States so requires — 



(1) The head of a Federal agency may exempt any 

 contract, grant, or loan, and, following consultation with 

 the Administrator, any class of contracts, grants or loans 

 from the provisions of this Order. In any such case, the 

 head of the Federal agency granting such exemption shall 

 (A) prompty notify the Administrator of such exemption 

 and the Justlflcatlon therefor; (B) review the necessity 

 for each such exemption annually; and (C) report to the 

 Administrator annually all such exemptions in effect. 

 Exemptions granted pursuant to this section shall be for 

 a period not to exceed one year. Additional exemptions 

 may be granted for periods not to exceed one year upon 

 the making of a new determination by the head of the 

 Federal agency concerned. 



(2) The Administrator may, by rule or regulation, ex- 

 empt any or all Federai agencies from any or all of the 

 provisions of this Order with reepeot to any class or classes 

 of contracts, grants, or loans which (A) Involve less than 

 specified dollar amounts, or (B) have a minimal potential 

 Impact ui>on the environment, or (C) involve persons who 



